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S. 2779 — what changed

Zimbabwe Democracy and Economic Recovery Amendment Act of 2018

From Reported in Senate to Engrossed in Senate. 8 sections amended between Reported in Senate and Engrossed in Senate.

Sec. 2 Reconstruction and rebuilding of Zimbabwe

changed Section 2 of the Zimbabwe Democracy and Economic Recovery Act of 2001 (Public Law 107–99; 22 (22 U.S.C. 2151 note) note; Public Law 107–99) is amended by striking “and restore the rule of law” and inserting “restore the rule of law, reconstruct and rebuild Zimbabwe, and come to terms with the past through a process of genuine reconciliation in which that acknowledges past human rights abuses are acknowledged and orders inquiries into disappearances, including the disappearance of prominent human rights activists, including such as Patrick Nabanyama, Itai Dzamara, and Paul Chizuze, are ordered”.Chizuze”.

Sec. 3 Findings

Section 4(a) of the Zimbabwe Democracy and Economic Recovery Act of 2001 is amended—

(1)
changed in paragraph (1)—(1), by striking “costly deployment of troops to the Democratic Republic of the Congo” and inserting “private appropriation of public assets”; and
(A)
removed by striking “the costly deployment of troops to the Democratic Republic of the Congo” and inserting “private appropriation of public assets”; and
(B)
removed by striking “Development and” and inserting “Development, International Development Association, and, until recently,”; and
(2)
changed by adding at the end the following new paragraph:following:

changed “(6) In October 2016, the Government of Zimbabwe cleared a small hurdle in its longstanding public sector arrears with the IMF.”

Sec. 4 Provisions related to multilateral debt relief and other financial assistance

changed Section 4(b) 4(b)(2) of the Zimbabwe Democracy and Economic Recovery Act of 2001 is amended—

(1)
changed in subparagraph (A), by striking “recovery.—” and all “to propose that follows through “Upon receipt” the bank should undertake a review of the feasibility of restructuring, rescheduling, or eliminating the sovereign debt of Zimbabwe held by that bank” and inserting “recovery.—Upon receipt”; “to support efforts to reevaluate plans to restructure, rebuild, reschedule, or eliminate Zimbabwe’s sovereign debt held by that bank and provide an analysis based on reasonable financial options to achieve those goals”; and
(2)
changed in subparagraph (B), by striking paragraph (2).“dollar” and inserting “currency”.

Sec. 5 Sense of Congress on the United States-Zimbabwe bilateral relationship

changed Section 4(d) It is the sense of Congress that the Zimbabwe Democracy and Economic Recovery Act United States should seek to forge a stronger bilateral relationship with Zimbabwe, including in the areas of 2001 is amended—trade and investment, if the following conditions are satisfied:

(1)
changed by amending paragraph (2) to read The Government of Zimbabwe takes the concrete, tangible steps outlined in paragraphs (1) through (4) of section 4(d) of the Zimbabwe Democracy and Economic Recovery Act of 2001, as follows:amended by section 6 of this Act.

removed “(2) Pre- and post-election conditions—The following pre- and post-election conditions are met:

removed “(A) Establishment and public release, without cost, in digital format, of a provisional and final biometric voter registration roll that is endorsed by all political parties represented in the parliament of Zimbabwe and those parties contesting the elections.

removed “(B) The Zimbabwe Electoral Commission is permitted to entirely carry out the functions assigned to it in section 239 of Zimbabwe’s 2013 constitution in an entirely independent manner, and the chairperson continues to meet with and consults regularly with representatives of political parties represented in the parliament of Zimbabwe and those parties contesting the elections.

removed “(C) Consistent with Zimbabwe’s constitution, the Defense Forces of Zimbabwe are neither permitted to actively participate in campaigning for any candidate nor to intimidate voters, and must verifiably and credibly uphold their constitutionally mandated duty to respect the fundamental rights and freedoms of all persons and be non-partisan in character, and are not permitted to print, transfer, or control ballots or transmit the results of elections.

removed “(D) International observers, including from the United States, the African Union, the Southern African Development Community, the European Union, and others who apply are permitted to observe the entire electoral process prior to, on, and following voting day, including by monitoring polling stations and tabulation centers and are able to independently operate in a manner enabling them to access and analyze vote tallying tabulation and the transmission and content of voting results.

removed “(E) Candidates are allowed free and full access to state media during the election period as defined in Zimbabwe’s Electoral Act, and must afford time and coverage to all parties contesting the elections in an impartial manner, and candidates are able to campaign in an environment that is free from intimidation and violence.

removed “(F) Civil society organizations are able to freely and independently carry out voter and civic education, and to monitor the entire electoral process, including by observing, recording, and transmitting public-posted or announced voting results, including at the ward, constituency, and all higher levels of the vote tallying process, including through the conduct of one or more sample based observation exercises.”

(2)
changed by redesignating paragraphs (3) and (5) as paragraphs (8) and (9), respectively;The Government of Zimbabwe takes concrete, tangible steps towards—
(A)
added good governance, including respect for the opposition, rule of law, and human rights;
(B)
added economic reforms that promote growth, address unemployment and underdevelopment, restore livelihoods, ensure respect for contracts and private property rights, and promote significant progress toward monetary policy reforms, particularly with the Reserve Bank of Zimbabwe, and currency exchange reforms; and
(C)
added identification and recovery of stolen private and public assets within Zimbabwe and in other countries.
(3)
changed by striking paragraph (4);The Government of Zimbabwe holds an election that is widely accepted as free and fair, based on the following pre- and post-election criteria or conditions:
(A)
added Establishment and public release, without cost, of a provisional and a final voter registration roll.
(B)
added The Zimbabwe Electoral Commission is permitted to entirely carry out the functions assigned to it under section 239 of Zimbabwe’s 2013 Constitution in an independent manner, and the chairperson meets and consults regularly with representatives of political parties represented in the parliament of Zimbabwe and the parties contesting the elections.
(C)
added Consistent with Zimbabwe’s 2013 Constitution, the Defence Forces of Zimbabwe—
(i)
added are neither permitted to actively participate in campaigning for any candidate nor to intimidate voters;
(ii)
added are required to verifiably and credibly uphold their constitutionally-mandated duty to respect the fundamental rights and freedoms of all persons and to be nonpartisan in character; and
(iii)
added are not permitted to print, transfer, or control ballots or transmit the results of elections.
(D)
added International observers, including observers from the United States, the African Union, the Southern African Development Community, and the European Union—
(i)
added are permitted to observe the entire electoral process prior to, on, and following voting day, including by monitoring polling stations and tabulation centers; and
(ii)
added are able to independently access and analyze vote tallying tabulation and the transmission and content of voting results.
(E)
added Candidates are allowed access to public broadcasting media during the election period, consistent with Zimbabwe’s Electoral Act and are able to campaign in an environment that is free from intimidation and violence.
(F)
added Civil society organizations are able to freely and independently carry out voter and civic education and monitor the entire electoral process, including by observing, recording, and transmitting publicly-posted or announced voting results at the ward, constituency, and all higher levels of the vote tallying process.
(4)
changed by inserting after paragraph (2) Laws enacted prior to the following passage of Zimbabwe’s March 2013 Constitution that are inconsistent with the new paragraphs:Constitution are amended, repealed, or subjected to a formal process for review and correction so that such laws are consistent with the new Constitution.

removed “(3) Presidential election—Zimbabwe has held an election that is widely accepted as free, fair, and credible by independent international and domestic civil society monitors, and the president-elect is free to assume the duties of the office.

removed “(4) Updating statutes—Laws enacted prior to passage of Zimbabwe’s new constitution in March 2013 that are inconsistent with the new constitution are amended or repealed so that they are consistent with the constitution, especially through the Electoral Amendments Bill and the repeal of the Public Order and Security Act, and the Access to Information and Protection of Privacy Act.

removed “(5) Upholding the constitution—All elements of the constitution are being implemented.

removed “(6) Economic reforms—The Government of Zimbabwe has demonstrated a sustained commitment to reforming Zimbabwe’s economy in ways that will promote economic growth, address unemployment and underdevelopment, and restore livelihoods.

removed “(7) Role of traditional leaders—Traditional leaders of Zimbabwe observe section 281 of the Constitution and are not using humanitarian assistance provided by outside donor organizations or countries in a politicized manner to intimidate or pressure voters during the campaign period.”

(5)
changed in paragraph (8), as redesignated by paragraph (2) The Government of this subsection, by striking “consistent with” and all that follows through “September 1998”.Zimbabwe—
(A)
added has made significant progress on the implementation of all elements of the new Constitution; and
(B)
added has demonstrated its commitment to sustain such efforts in achieving full implementation of the new Constitution.
(6)
added Traditional leaders of Zimbabwe observe section 281 of the 2013 Constitution and are not using humanitarian assistance provided by outside donor organizations or countries in a politicized manner to intimidate or pressure voters during the campaign period.

Sec. 6 Certification requirements

changed Section 5(a)(2) 4(d) of the Zimbabwe Democracy and Economic Recovery Act of 2001 is amended by striking “, including the payment of costs” and all that follows through “thereto”.amended—

(1)
added in paragraph (3), by striking “consistent with” and all that follows through “September 1998”;
(2)
added by striking paragraph (4); and
(3)
added by redesignating paragraph (5) as paragraph (4).

Sec. 7 Removal of authority to pay land acquisition costs

changed Section 6 5(a) of the Zimbabwe Democracy and Economic Recovery Act of 2001 is amended by inserting “Australia, and the United Kingdom” after “Canada,”.amended—

(1)
added in paragraph (2), by striking “, including the payment of costs” and all that follows through “thereto; and” and inserting a semicolon;
(2)
added in paragraph (3), by striking the period at the end and inserting “; and”; and
(3)
added by adding at the end the following:

added “(4) identify and recover stolen public assets.”

Sec. 8 Inclusion of Australia, the United Kingdom, the African Union, and the Southern African Development Community in consultations about Zimbabwe

changed It is the sense Section 6 of Congress that the Government of Zimbabwe Democracy and Economic Recovery Act of 2001 is amended by inserting “Australia, the United Kingdom, the African Union, the Southern African Development Community (SADC) should enforce the SADC tribunal rulings from 2007 to 2010, including 18 disputes involving employment, commercial, and human rights cases surrounding dispossessed Zimbabwean commercial farmers and agricultural companies.Community,” after “Canada,”.

Sec. 9 Sense of Congress on enforcement of Southern African Development Community tribunal rulings

changed It is the sense of Congress that the United States Government is optimistic about of Zimbabwe and the possibility for a stronger bilateral relationship with Zimbabwe, including Southern African Development Community (referred to in this section as “SADC”) should enforce the areas of trade SADC tribunal rulings issued between 2007 to 2010, including 18 disputes involving employment, commercial, and investment, if—human rights cases surrounding dispossessed Zimbabwean commercial farmers and agricultural companies.

(1)
removed the Government of Zimbabwe takes concrete, tangible steps outlined in paragraphs (2) through (6) of section 4(d) of the Zimbabwe Democracy and Economic Recovery Act of 2001, as added by section 5 of this Act; and
(2)
removed takes concrete, tangible steps towards—
(A)
removed good governance, including respect for opposition, rule of law, and human rights; and
(B)
removed economic reforms such as respect for contracts and private property rights.